Trustee vs beneficiary
I have a property dispute with partner on rural property.
On OP request we engaged a Private trustee, property auctioned off 18 June, 90 days settlement.
Suddenly, a week ago the trustee is insisting that my family vacates, 4 weeks before 16 September settlement date, or he ll refer the matter to court, ask court to evict us.
This, because he does not think that we ll give vacant possession on 16 September.
He has no reason to think that, I have at all times cooperated with the sale, am still paying ALL outgoings, done that for 10 years.
Of course we will vacate 16 September, we are not dumb.
That trustee is close to OP lawyer, will communicate behind my back.
Trustee has hardly ever communicated with me, made huge error in contract for sale, never gave me copy of contract, I had to pose as potential buyer to view the contract, then 2 days before the auction found the error about it liable to GST, it was not liable for GST and the sale would have missed out on $150,000.
He then lambasted me for mentioning it so late.....
Other communications before that, too much to mention now.
My question now is:
What legs has a trustee have to go to court because he wants vacant possession 4 weeks before settlement?
How to defend ourselves?
We have a family with 3 small children living on the property, need the settlement payout to purchase another house.
Can he also delay our payout?
I have a property dispute with partner on rural property.
On OP request we engaged a Private trustee, property auctioned off 18 June, 90 days settlement.
Suddenly, a week ago the trustee is insisting that my family vacates, 4 weeks before 16 September settlement date, or he ll refer the matter to court, ask court to evict us.
This, because he does not think that we ll give vacant possession on 16 September.
He has no reason to think that, I have at all times cooperated with the sale, am still paying ALL outgoings, done that for 10 years.
Of course we will vacate 16 September, we are not dumb.
That trustee is close to OP lawyer, will communicate behind my back.
Trustee has hardly ever communicated with me, made huge error in contract for sale, never gave me copy of contract, I had to pose as potential buyer to view the contract, then 2 days before the auction found the error about it liable to GST, it was not liable for GST and the sale would have missed out on $150,000.
He then lambasted me for mentioning it so late.....
Other communications before that, too much to mention now.
My question now is:
What legs has a trustee have to go to court because he wants vacant possession 4 weeks before settlement?
How to defend ourselves?
We have a family with 3 small children living on the property, need the settlement payout to purchase another house.
Can he also delay our payout?